Stone v. State
Tennessee Supreme Court
FROM LINCOLN. Circuit Court, July Term, 1871. W. P. Hickerson, J. cited Code, 4657, and Whart. Am. Cr. Law, title, Malicious Mischief. cited and commented on the State y. Wiloox, 3 Yer., 278, insisting that the original construction of the Act of 1803 was strained, as it made the act criminal if done either maliciously or of purpose.
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FROM LINCOLN. Circuit Court, July Term, 1871. W. P. Hickerson, J. cited Code, 4657, and Whart. Am. Cr. Law, title, Malicious Mischief. cited and commented on the State y. Wiloox, 3 Yer., 278, insisting that the original construction of the Act of 1803 was strained, as it made the act criminal if done either maliciously or of purpose. That case was upon a special verdict, finding malice at the animal, and none at the owner; and so could not involve the question of malice against a temporary owner. Insisted, that if a man were to kill animals of whom the owners were unknown, from general…
1Opinion of the CourtNicholson, C. J.
Sol. Stone was indicted in the Circuit Court of Lincoln county, for maliciously killing a horse, the property of *459Thornton Russell, of the value of $150. Russell loaned the horse to John Kelso to ride to the house of Sol. Stone. Upon reaching there, he hitched the horse to the fence, near where Sol. Stone was rolling logs. Kelso informed Stone that he had come for his clothes, which were at Stone’s house, near by. They got into angry words, when Kelso started towards the house, threatening to get his gun, which was at Stone’s house. Thereupon, Stone struck the horse three blows with a…
2Cited by2 opinions
- Chapple v. StateTennessee Supreme Court · 1910
- Sledge & Norfleet v. BondurantCourt of Appeals of Tennessee · 1927